Property disputes in Scotland

Property disputes in Scotland guidance:

Missives The most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG) PSG—Offers. The...

Practice Note

Coronavirus (COVID-19): Schedule 1 to the Coronavirus (Scotland) Act 2020 (C(S)A 2020), and C(S)A 2020, s 2 increases the notice period for: • Private Residential...

Practice Note

This Practice Note examines the issues surrounding alterations and improvements to property in Scotland subject to a commercial lease. The Practice Note does not apply to...

Practice Note

This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary repairs, interim...

Practice Note

Members of the public are normally welcome to visit the courts and tribunals in Scotland for many reasons, including to support those involved with disputes and to uphold...

Practice Note

This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various practice areas that has...

Practice Note

Essential features of a servitude The requirements for a valid servitude are set out in Practice Note: Servitudes in Scotland—Requirements for a servitude. Servitudes...

Practice Note

Assignation and subletting Assignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The tenant may choose...

Practice Note

Coronavirus (COVID-19): The Financial Conduct Authority (FCA) has published guidance for regulated firms and information for consumers which are valid until 31 October...

Practice Note

Coronavirus (COVID-19): The Financial Conduct Authority (FCA) has published guidance for regulated firms and information for consumers which are valid until 31 October...

Practice Note

Development of the First Tier Tribunal for Scotland The Scottish Government’s Access to Justice Policy, prepared by the Cabinet Secretary for Justice as part of the...

Practice Note

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on: • some other forms of relief in Scottish civil litigation, see...

Practice Note

Coronavirus (COVID-19): Schedule 7 to the Coronavirus (Scotland) Act 2020 (C(S)A 2020) and C(S)A 2020, s 8 provides protection for commercial tenants from termination on...

Practice Note

Break clauses A break clause is a term in a lease which permits the landlord or the tenant to terminate a lease early. Break clauses are considered in detail in the...

Practice Note

Differences between leases and licences to occupy Leases A lease in Scots law has been defined as ‘a contract by which a person, known as a tenant, is allowed to occupy...

Practice Note

STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18 December 2018 and will be effective from a date still to be appointed by the...

Practice Note

The most common types of delict to arise in property disputes are negligence, nuisance and trespass, see Practice Notes: Property disputes in Scotland (delictual and...

Practice Note

The most common types of delict to arise in property disputes are negligence, nuisance and trespass, see Practice Notes: Property disputes in Scotland (delictual and...

Practice Note

Coronavirus (COVID-19): Schedule 7 of the Coronavirus (Scotland) Act 2020 (C(S)A 2020) and C(S)A 2020, s 8 provides protection for commercial tenants from termination on...

Practice Note

The main remedies available in the context of landlord and tenant disputes in Scotland are: • Interdict • Specific implement • Payment action • Damages action •...

Practice Note

In the majority of sequestrations where the debtor has assets these will include the debtor's home (see Practice Note: Scotland: the process for applying for...

Practice Note

Sequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee...

Practice Note

Default position Bilateral surrender (or renunciation as it is referred to under Scots law) is the method by which a tenant gives up its rights under a lease. This can be...

Practice Note

This Practice Note sets out the extent of the new Electronic Communications Code (the ‘new Code’) rights, how they arise—(ie by agreement made between the parties or by...

Practice Note
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